Offence Under Section 66 of Information Technology Act Is Bailable

Leave granted.

The present appeal has been filed against the

impugned order dated 19.12.2024 passed by the High

Court, wherein a writ petition was filed by the

appellant seeking a writ of habeas corpus to release

his son, i.e., the detenu. The detenu was detained

at the airport pursuant to a Look Out circular

issued against him on 13.12.2024 in FIR No.07/2024

registered for the offences punishable under

Sections 66, 72 and 84-C of the Information

Technology Act, 2000 (for short, ‘the IT Act’) and

Section 78(1)(ii) of the Bharatiya Nyaya Sanhita,

2023 registered on 07.11.2024 at P.S. Cyber Crime,

District – Fazilka, Punjab.

The High Court, while disposing of the writ petition

had observed that ex-facie, Section 66 of the IT Act

has not been defined as a bailable offence under the

IT Act. The said observation has been impugned by

the appellant before this Court.

We had issued a limited notice in the present

matter with respect to the legal issue involving

Section 66 of the IT Act, which has been treated as

a non-bailable offence by the High Court.

We have heard the learned counsel appearing for

the parties.

In our considered view, the High Court did not

take into consideration Section 77B of the IT Act,

which has to be read to ascertain the nature of

offence provided under Section 66 of the IT Act.

In such view of the matter, the view expressed

by High Court that Section 66 of the IT Act has not

been defined as a bailable offence under the IT Act,

stands set aside.

The appeal stands disposed of, with the

aforesaid clarification.

Pending application(s), if any, shall also stand

disposed of.

……………….J.

[M.M. SUNDRESH]

……………….J.

[PRASANNA B. VARALE]

NEW DELHI;

JULY 16, 2026.